Legal Question in Real Estate Law in Florida

comercial property eviction

If I have a tenant I want to evict in a commercial building because of falier to pay rent/aquire insurance/aquire CO, can I just give a 3 day notice and then change the locks or is there more that I hsve to do. for a comercial property.


Asked on 7/04/03, 1:33 am

2 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: comercial property eviction

1. Law requires 10 days notice.

2. You cannot change locks. You must seek court order to evict.

I handle Landlord and Tenant matters & can asssit you. Good lucK.

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Answered on 7/04/03, 8:50 am
Scott R. Jay Law Offices of Scott R. Jay

Re: comercial property eviction

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

Simply giving a notice is not enough. Florida does not recognize "self help" evictions. You must file a suit for eviction against the tenant listing all of the defaults under the lease agreement. A five day summons must be given and served with the lawsuit against the tenant. The tenant then has five days to file an answer.

As in any legal matter, I strongly suggest that you consult a family attorney so that you can review all of the specifics of your particular situation.

Scott R. Jay, Esq., 305-249-8000

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Answered on 7/04/03, 2:23 pm


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